Legal Studies Commons^™

Intellectual Diversity In The Legal Academy, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Elite law faculties are overwhelmingly liberal. Jim Lindgren has proven the point empirically. The author adds his impressions from Georgetown Law School to reinforce the point. Georgetown Law School is a faculty of 120, and, to the author's knowledge, the number of professors who are openly conservative, or libertarian, or Republican or, in any sense, to the right of the American center, is three—three out of 120. There are more conservatives on the nine-member United States Supreme Court than there are on this 120-member faculty. Moreover, the ideological median of the other 117 seems to lie not just left of …

J. Skelly Wright And The Limits Of Liberalism, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This essay, written for a symposium on the life and work of United States Court of Appeals Judge J. Skelly Wright, makes four points. First, Judge Wright was an important participant in the liberal legal tradition. The tradition sought to liberate law from arid formalism and to use it as a technique for progressive reform. However, legal liberals also believed that there were limits on what judges could do–-limits rooted in both its liberalism and its legalism. Second, Wright occupied a position on the left fringe of the liberal legal tradition, and he therefore devoted much of his career to …

The Museum As An Inclusive Community: A Blueprint For Moving Forward, Howard P. Scott

All Master's Theses

The focus of this study is museum accessibility for patrons with disabilities. The history of museums and their evolution into institutions that strive to create an inclusive community means that many aspects of the Americans with Disabilities Act of 1990 as well as the Architectural Barriers Act of 1968 are applicable. Developing a tool for assessing museum compliance with the law was key to gathering data to use for improving compliance with the law. Using this data and comparing current compliance in four museums to three major legal cases against museums showed common areas for improvement in accessibility in all …

Failures Require New Thoughts On Crime, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Threat Communication As It Relates To Perception Of Victimization: A Study Of Awareness Of Concealed Weapon Permit Issuance, Cody Jordan

Electronic Theses and Dissertations

Concealed weapon permit issuance is one of the most contentious topics debated in modern politics today. The primary point of disagreement within this debate hinges on whether these permits serve to increase violence by those who possess them, or whether they decrease crime through the deterrent effect of their presence in society. Using responses of residents of a large southeast correctional facility this study analyzed the reported inclination of criminals to commit direct contact crimes under several specific scenarios, based on their exposure to various levels of information relating to issuance of concealed weapon permits. By comparing the responses across …

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

La Tirania De La Invisibilidad: La Necesidad De Reconocer Y Analizar La Violencia De Genero En La Argentina, Laura Mallison

Scripps Senior Theses

This thesis examines gender violence in Argentina in the context of the historic continuum of gender inequality, with a more in-depth analysis of gender violence during the 1976-1983 dictatorship. I argue that gender violence is perpetuated and normalized by its lack of recognition as a political issue with ramifications extending to daily life. I use the construction of a collective memory of the Dictatorship as a framework for making the intricacies of gender violence more visible and provide a detailed analysis of two laws against gender violence to demonstrate its systematic nature. Ultimately, laws are not sufficient to address such …

The New Scarlet Letter? Negotiating The U.S. Labor Market With A Criminal Record, Steven Raphael

Upjohn Press

This book explores the difficulties facing ex-offenders as they try to enter and remain in the U.S. labor market.

Creative Engagements Indeed! Open "Disciplines," The Allure Of Others, And Intellectual Fertility, David A. Westbrook

Journal Articles

No abstract provided.

Social Status, Opportunity And Repeat Victimization: The Unequal Distribution Of Safety, Zavin Nazaretian

Wayne State University Dissertations

This research examines the relationship between victimization, social status and opportunity. More specifically, the effects of social status and opportunity on repeat victimization are examined. How does social status and opportunity simultaneously effect repeat victimization? This report consists of a secondary data analysis of the 2004 and 2009 Canadian Victimization Survey with a combined sample size of 43,200 people who were interviewed by telephone. Opportunity either partially or completely mediated the effects of social status on repeat victimization; however for certain subsamples neither opportunity nor social status explained repeat victimization. Additionally, the groups whose victimization was not explained by opportunity …

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were tested …

An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall

Walden Dissertations and Doctoral Studies

Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …

A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State, Vance Debral Keyes

Department of Conflict Resolution Studies Theses and Dissertations

This study explores the relationship between Black police officers, Black citizens, and their external environment using a group of 30 police officers and citizens to establish the connection between police officer race and perceptions by same race citizens within the context of police use of force. I use the term Black to be inclusive of African Americans as well as others of African descent without regard to their ethnicity or national origin. Criminal justice means system application whereas criminology is the study of criminal behavior. In America, there exists a history of volatility between the police and Black communities. While …

Resources In English On The Criminal Justice System Of The People’S Republic Of China, Ellen Sexton

Publications and Research

No abstract provided.

Neighborhood Disorganization And Police Decision-Making In The New York City Police Department, Allison Carter

Theses and Dissertations

This dissertation examines the applicability of criminological theory to police decision-making during police-initiated encounters with suspects. Specifically, how indicators of social disorganization can be used to predict officers' use of coercive action (i.e., frisk, search, use of force, and arrest) during the street stop of suspects. I also investigate whether neighborhood disadvantage, as a moderator, impacts suspects' likelihood of receiving greater levels of coercive action when stopped for reasons listed in the New York City Police Departments' Unified Form 250 (UF-250) reports.

Three theoretical arguments connecting an officer's decision-making in a socially disorganized area are outlined. First, an area with …

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

Role Conflict And Nonsexual Boundary Violations Among Correctional Officers, Ronald M. Ruggiero

Walden Dissertations and Doctoral Studies

Role Conflict and Nonsexual Boundary Violations Among Correctional Officers

by

Ronald Ruggiero

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Service--Criminal Justice

Walden University

May 2014

Abstract

Despite the growing presence of prisons in American society, little is known about challenges experienced in the job performed by correctional officers (COs); specifically, no research has investigated how their intermediary status between inmates and prison management can result in role conflict. This descriptive case study explored role conflict among 10 retired CO's and the presence of inmates who enter prison with a high public …

Analysis Of The Efficacy Of Criminal Court Mediation As A Tool Of Restorative Justice, Teresa Hoerres

Capstone Collection

This capstone research paper aims to capture the personal narratives of how participants of criminal court mediation in Brooklyn, New York actual experience the program. The program, which is facilitated by New York Peace Institute, is a cornerstone of the organization’s restorative justice program. Restorative justice has been gaining traction over the last few decades, and its application to criminal matters as an alternative dispute resolution (ADR) service, is unprecedented.

The research was conducted using a mixed methodology approach, relying on the researcher’s ethnographic observations of the criminal court mediation program from August 2013 through March 2014, as well as …

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.

Privatization Of Florida Juvenile Residential Facilities, Katherine Hancock

Electronic Theses and Dissertations

Privatization of juvenile facilities and services has been the norm since the inception of the juvenile justice system. However, little research has been performed examining the impact of privatization on juvenile justice, despite the possible repercussions of this policy for the juveniles served. Prior research on privatization in other fields has tended to find a connection between privatization and outcomes; however, very little research has examined how privatization impacts operations, how operations impact recidivism, and how privatization and operations interact to produce juvenile justice outcomes. This exploratory study, informed by cybernetic systems theory and principal-agent theory, examined the mechanism by …

The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis, Terrance Ruth

Electronic Theses and Dissertations

This dissertation examines the relationship of political instability and economic failure to predatory organized crime in multiple nations. This is an important issue since each year the increase in predatory crime networks contributes to international economic failure, security risks, and the spread of organized crime. In an effort to understand the relationship between state failure and economic failure on the one hand, and organized crime on the other, this study will seek to address three goals. First, the study tests the degree to which variables that imply economic failure and state failure correlate with predatory organized crime. Second, the study …

Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker

Electronic Theses and Dissertations

Information sharing among law enforcement entities became a national priority after the 9/11 attack (Carter, 2005). Various information systems utilized by law enforcement agencies may be promising; however, there is little extant empirical research to validate the system's effectiveness related to increasing investigative success (Bureau of Justice Assistance, 2010). One information system that has tied together numerous Florida law enforcement agencies is the FINDER system. FINDER, the Florida Integrated Network for Data Exchange and Retrieval system, provides agency investigators a wide range of information not previously available (Reynolds, Griset, and Scott, 2006; Scott, 2006). This study's foundation was primarily based …

School Violence Perpetrators Speak: An Examination Of Perpetrators Views On School Violence Incidents, Gordon A. Crews

Criminal Justice Faculty Publications

In the last few decades researchers have attempted to determine correlates for school violence. While the number of extreme incidents of school violence remains relatively small, extreme incidents cause the most concern for parents, teachers, law enforcement, and educational administrators. In addition to the fear these types of events cause, they also bring about a great deal of debate regarding proper responses. Some feel that stringent zero tolerance policies are the answer, while others argue for more gun control in society. Some feel that increased counseling and service to young people is the answer, while others argue for the increased …

Although The “Get-Tough” Approach Is Popular Among The American Public And Policymakers Alike, Incarceration Does Not Reduce Crime, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

The prevalence of crime has been of great concern to policymakers for decades, with many factors being blamed and many solutions suggested. Since the 1970s’ punitive incarceration policies have found favor, and are now being replicated for juvenile offenders as well. Using state-level data on crime and juvenile residential placement (which have now become very similar in their operations to those of adult facilities), Marika Dawkins finds that such placements do not lead to a reduction in juvenile offending or crime. She argues that, in this light, community-based sanctions as well as greater support for families should take precedence over …

The Undue Hardship Thicket: On Access To Justice, Procedural Noncompliance, And Pollutive Litigation In Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that necessitates litigation as the path for obtaining certain types of bankruptcy relief, this Article focuses on the particular example of debtors who seek to discharge their student loans in bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit that repaying the loans would impose an undue hardship. The procedure and burdens of proof governing …

The Self-Regulation Of Investment Bankers, Andrew F. Tuch

Scholarship@WashULaw

As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for broker-dealers, FINRA functions as the equivalent of the self-regulatory bodies governing other professionals, such as lawyers and accountants. Unlike the self-regulation of these professionals, however, the self-regulation of investment bankers has thus far attracted scant scholarly attention.

This Article evaluates the effectiveness of this self-regulatory system in deterring investment bankers’ misconduct. Based on a hand-collected data set of every disciplinary …

Four Privacy Myths, Neil M. Richards

Scholarship@WashULaw

Any discussion about privacy today inevitably confronts a series of common arguments about the futility of privacy in our digital age. "Privacy is Dead," we hear, and "people (especially young ones) don’t care about privacy." What’s more, privacy just protects bad behavior because those of us with "nothing to hide have nothing to fear." And anyway, the argument goes, new privacy laws would be bad policy since "privacy is bad for business."

There are other common claims, but these four are perhaps the most common. They are also myths, and in this essay I show why. First, privacy can’t be …

Intellectual Freedom And Privacy, Neil M. Richards, Joanna Cornwell

Scholarship@WashULaw

This essay offers an account of the complex ways intellectual freedom and privacy are interrelated. We pay particular attention to both the constitutional dimensions of these important values, as well as the important roles that social and professional norms play in their protection in practice. Our examination of these issues is divided into three parts. Part I lays out the law and legal theory governing privacy as it relates to intellectual freedom. Part II examines a special context in which law and professional norms operate together to protect intellectual freedom through privacy–the library. Finally, Part III discusses how government actions …

More Is More: Strengthening Free Exercise, Speech, And Association, John D. Inazu

Scholarship@WashULaw

Prominent scholars have suggested that one important means of strengthening the First Amendment is by limiting its protections to “core” interests. Philip Hamburger has asserted the argument most forcefully. His generalized worry is that expanding the coverage of First Amendment rights can shift absolute protection of a defined core to contingent “balancing” for all claims asserted under those rights. In Hamburger’s words, “more is less.” We can think of cautions like these as arguments for rights confinement. On this view, legal doctrine will be most resilient to cultural pressures when it is construed narrowly. But the interplay between doctrine and …